ii. Labor Inspections in Fisheries
The inconsistency in jurisdiction over labor inspections in fisheries
stems primarily from the different regulations governing domestically and
overseas-employed fishers. While the Fisheries Agency oversees fisheriesrelated matters, inspection authority for vessel structure and navigational
safety falls under maritime authorities. The Law of Ships stipulates that
maritime authorities are responsible for conducting inspections of fishing
vessels, categorized as special, regular, and interim inspections. These
inspections, outlined in Articles 25 to 27 of the Law of Ships, primarily
ensure the seaworthiness of fishing vessels.
Labor inspections of fisheries or fishing vessels face both objective
and subjective constraints. Fishing vessels are mobile or relocatable
production sites, making it difficult to conduct inspections effectively
unless vessels are in port or inspectors are stationed onboard for extended
periods. Furthermore, the unique nature of fishing labor differs
significantly from onshore labor, necessitating adjustments to labor
inspection standards to align with the specific characteristics of fishing
work. Unfortunately, the sheer number of onshore business units already
overwhelms labor inspection agencies and personnel, leaving them with
little capacity to inspect the thousands of fishing vessels—large and small.
The fisheries cooperation countries generally supervise and manage safety
and health inspections for vessels involved in joint fishing ventures or
based in foreign ports. In contrast, ships engaged in coastal and inshore
fishing operations are often subject to less oversight and regulation,
creating a gap in supervision and management.69
In principle, occupational safety and health inspections and labor
inspections for fishing vessel operations should be conducted by labor
authorities per the Labor Inspection Act. However, for distant water fishing
Li, Bo-Wen, & Lee, Yu-Ting, “Research on the Labor Inspection System for Non-Overseas
Employment Fishing Vessel Workers in Taiwan,” Institute of Labor and Occupational Safety
and Health, Ministry of Labor, May 2020, pp. 1, 50.
69
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